These terms of use are entered into by and between You (“you”) and Ignatious, LLC, Ignatious II, LLC, Ignatious Parent, Inc., and our affiliates (“Ignatious,” “we,” “us,” “our”), and these terms, together with any documents referenced herein (collectively, these “Terms”), govern your access to and use of our website, the services, features, and Content (as defined below) offered by Ignatious (collectively, the “Services”). In the event that you are acting for a company or other entity, the term “you” refers to both you as an individual and such company or entity, and you hereby represent and warrant your personal and company or other entity authority to be bound by these Terms.
Please read these Terms carefully before you use the Services. By registering for, accessing or using the Services in any manner, you accept and agree to be legally bound and abide by these Terms, as well as all other operating rules, policies and procedures that may be published from time to time on or through any Service by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. Services are offered only for your personal and informational use (“Personal Use”), and not for the use or benefit of any third party; if you are a company or entity, Personal Use means for your own internal business purposes, and not for reproduction, distribution or display to or for the benefit of any third party. DO NOT USE ANY OF THE SERVICES IF YOU DO NOT ACCEPT THESE TERMS. BY YOUR ACCESS TO, AND USE OF, ANY SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS, WITHOUT LIMITATION OR QUALIFICATION.
THE SERVICES AND CONTENT ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE RELIED UPON FOR ANY PURPOSE INCLUDING FORECAST, RESEARCH, OR INVESMENT ADVICE.
SECTION 10 OF THESE TERMS CONTAINS A BINDING ARBITRATION CLAUSE, CLASS ACTION WAIVER, AND WAIVER OF JURY TRIAL. THOSE TERMS AFFECT THE RIGHTS YOU HAVE IN ANY DISPUTE WITH US AND OUR AFFILIATES, AND HOW ANY SUCH DISPUTE MAY BE RESOLVED.
WE RESERVE THE RIGHT TO AMEND, CHANGE, REVISE OR MODIFY THESE TERMS AT ANY TIME FOR ANY REASON AND IN OUR SOLE DISCRETION. ANY SUCH AMENDMENTS, CHANGES, REVISIONS OR MODIFICATIONS WILL BE EFFECTIVE IMMEDATELY UPON BEING POSTED. WE SUGGEST THAT YOU REVIEW THESE TERMS PERIODICALLY FOR ANY AMENDMENENTS, CHANGES, REVISIONS OR MODIFICATIONS, AND YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING ANY SERVICES AFTER WE POST ANY CHANGES CONSTITUTES YOUR AGREEMENT TO THE TERMS AS MODIFIED.
1. Your Privacy.
To understand how we collect, use, and safeguard the information you may provide to us via the Services, including personal information, please review our Privacy Notice
2. Disclosures.
(a) The Services may contain certain “forward‐looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995, which reflect Ignatious’ current views with respect to, among other things, future events. You can identify these forward looking statements by the use of forward‐looking words such as “outlook,” “believes,” “expects,” “potential,” “continues,” “may,” “will,” “should,” “could,” “seeks,” “approximately,” “predicts,” “intends,” “plans,” “estimates,” “assumed,” “anticipates,” “positioned,” “targets” or the negative version of those words or other comparable words. Any forward‐looking statements contained in the Services are based, in part, upon current plans, estimates and expectations. The inclusion of this forward‐looking information should not be regarded as a representation by Ignatious or any other person that the future plans, estimates or expectations will be achieved. Such forward‐looking statements are subject to various risks, uncertainties and assumptions, many of which are beyond our control and not easily predicted. If one or more of these or other risks or uncertainties materialize, or if underlying assumptions prove to be incorrect, actual results may vary materially from those indicated in the Services. Accordingly, you should not place undue reliance on any forward‐looking statements.
(b) The Services are not intended to provide, and should not be relied upon for, tax, legal, accounting or investment advice. Ignatious is not an advisor as to legal, tax, accounting or regulatory matters in any jurisdiction. You should consult with your own legal, tax, regulatory and accounting advice regarding any transaction or other course of action contemplated by the Services.
(c) Nothing herein shall constitute an offer to sell or the solicitation of an offer to buy any securities, nor any express or implied obligation on Ignatious to underwrite, place or purchase any securities or otherwise provide or arrange any financing. These materials and the discussions in connection herewith do not constitute and should not be considered as any form of financial opinion or recommendation. The Services are not research reports or documents and are not prepared by a research department of Ignatious.
(d) The strategies, investments, investors, companies and opportunities discussed in the Content and Services may not be suitable for all investors, and do not constitute obligations on our part. We make no representations or warranties that the Content is appropriate for all jurisdictions, nor that the products, securities, transactions or services included or referenced in the Services or Content are suitable, appropriate or available in any particular jurisdictions or to any particular individual.
(e) All investments involve risks, including possible loss of value, and the value of your investment could go down depending on many factors, including without limitation, market conditions, interest or credit ratings, tax issues, and individual company and asset risks. BEFORE MAKING ANY INVESTMENT, IT IS YOUR RESPONSIBILITY TO CONDUCT SUFFICIENT AND APPROPRIATE DUE DILIGENCE, REVIEW THE APPLICABLE INVESTMENT’S PROSPECTUS OR OFFERING MATERIALS, AND NEGOTIATE THE APPLICABLE AGREEMENTS. ANY DECISIONS YOU MAKE BASED ON ANY CONTENT ARE YOUR SOLE RESPONSIBILITY.
3. Not Authorized as a Broker. Ignatious is not authorized to act in the capacity of a broker. Certain affiliates of Ignatious are registered representatives of Independent Brokerage Solutions LLC MEMBER: FINRA / SIPC 485 Madison Ave 15th Fl New York, NY 10022 (t) 212-751-4424 (“IndieBrokers”). Any actions contemplated by the Services or any Content that constitute broker-dealer services will be settled through IndieBrokers. Ignatious and IndieBrokers are independent, unaffiliated entities. To check the background of IndieBrokers and its representatives, visit FINRA’s BrokerCheck.
4. Grant of License and Restrictions on Use.
(a) Grant of License. Subject to the terms and conditions of these Terms, Ignatious grants You a limited, revocable, non-exclusive, non-sublicensable and nontransferable license to use (i.e., to access, download, and display locally) the Services and Content (as defined below) solely for Your Personal Use. Use, reproduction, modification, distribution or storage of any Services or Content for any other purposes is expressly prohibited without our prior written permission. You shall not sell, license, rent, or otherwise use or exploit any Services or Content for non-Personal Use or in any way that violates any third party right. We also reserve the right to suspend or terminate this grant and your use of the Services and/or Content for any or no reason at any time, with or without notice to you.
4. Grant of License and Restrictions on Use.
(a) Grant of License. Subject to the terms and conditions of these Terms, Ignatious grants You a limited, revocable, non-exclusive, non-sublicensable and nontransferable license to use (i.e., to access, download, and display locally) the Services and Content (as defined below) solely for Your Personal Use. Use, reproduction, modification, distribution or storage of any Services or Content for any other purposes is expressly prohibited without our prior written permission. You shall not sell, license, rent, or otherwise use or exploit any Services or Content for non-Personal Use or in any way that violates any third party right. We also reserve the right to suspend or terminate this grant and your use of the Services and/or Content for any or no reason at any time, with or without notice to you.
(b) Prohibitions on Use. Without limiting the foregoing, neither the Services, nor any Content, may be reproduced, disseminated, summarized, quoted from or referred to, or given to any other person at any time, in any manner or for any purpose, nor shall any public reference to Ignatious be made unless required pursuant to a legal or regulatory obligation applicable to you; provided, that if you are obligated by law disclose all or any portion of the Services or Content, you will, to the extent not specifically prohibited by law, provide Ignatious with prompt notice of the required disclosure so that Ignatious may, at our own expense, but with your cooperation, seek an appropriate protective order or other appropriate remedy eliminating or limiting the disclosure requirement. If such protective order or other appropriate remedy is not obtained by the date that you must comply with the law, you will disclose the minimum portion of the Content that legal counsel has advised you that you must disclose in order to satisfy the law.
(c) Compliance with Law. The Services are provided in and from the United States and their use shall be governed in accordance with the laws of the United States, as more specifically set forth below. You are solely responsible for ensuring that these Terms and your use of the Services and Content are in compliance with all laws, rules and regulations applicable to you, and you have no right to access or use the Services or Content where these Terms or use of the Services or Content is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. If you use or access the Services or Content from outside the United States, you do so at your own risk, and you are responsible for compliance with any and all applicable United States and foreign government laws and regulations.
(d) Restrictions. You may not (and may not permit any third party to) access or use, or attempt to access or use, the Services or Content to take any action that could harm Ignatious or any third party, or interfere with the operation of the Services, nor may you use the Services in a manner that violates any applicable laws, rules or regulations. Without limiting the foregoing, you agree not to use any Service or Content:
(i) In any way that violates any applicable federal, state, local or international law or regulation; including, but not limited to, in any way that infringes any intellectual property, right of publicity or other right of any third party;
(ii) In any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
(iii) To submit any information you know, or have reason to know, is false, misleading, untruthful or inaccurate;
(iv) To misrepresent, impersonate or attempt to impersonate Ignatious, a Ignatious employee, another user or any other person or entity, or the origin of any information you provide (including, without limitation, by using e-mail addresses associated with any of the foregoing);
(v) To transmit, or procure the sending of, any unsolicited advertising or promotional material, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation;
(vi) To obtain or attempt to gain unauthorized access to any computer system, network, data, identification, password or other information, financial, health-related or otherwise, of ours or of any third party, nor to bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected directly or indirectly to the Services);
(vii) To engage in unauthorized spidering, scraping, crawling or harvesting of Content or information, or use any other unauthorized automated, or manual, means to compile any Content or information from the Services;
(viii) To upload or otherwise transmit any communication, software, or material that contains a virus or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of the Services or obtain unauthorized access to any system, data, password, Content or other information of ours or of any third party, or is otherwise harmful to our or third-party computers or systems;
(ix) To use any device, software, or routine imposing an unreasonable or disproportionately large load on our network (as determined by us in our sole discretion), to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system, network or infrastructure;
(x) To copy, rent, lease, or distribute the Services or Content; modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Services or Content; nor reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Services or any part thereof; or
(xi) To engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms.
(e) No Ownership by You; Reservation of Rights. You acknowledge and agree that the Services and Content are provided under license, and not sold, to you, and that as between you and Ignatious, Ignatious and its licensors and service providers own all rights in the Services and Content. You do not acquire any ownership interest in the Services or Content under these Terms, or any other rights thereto other than to use the Services or Content in accordance with the license granted, and subject to all terms, conditions and restrictions under these Terms. Ignatious and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Services and Content, including all intellectual property rights therein or relating thereto. Further, the Services and Content contain intellectual property owned by third parties, and all third-party product names/brand names and content are trademarks or other intellectual property rights of their respective owners.
5. Content.
(a) Content. For purposes of these Terms, “Content” includes, without limitation, any information, data, statistics, spreadsheets, presentations, text, photographs, images, drawings, videos, GIFs, audio clips, written posts and comments, software, scripts, graphics, trademarks, logos, indicia, and interactive features generated, provided, or otherwise made accessible on or through the Services. You acknowledge and agree that we may remove, modify, or disable access to any Content for any reason in our sole discretion.
(b) Content Source, Verification and Timeliness. The information contained in the Content is based on publicly available information and/or information furnished to Ignatious by third parties. Ignatious has relied, without independent investigation or verification, on the accuracy, completeness and fair presentation of all such information. The Content does not purport to be complete on any topic addressed. The information in the Content is provided as of the dates indicated and Ignatious does not intend to update the information after posting of the Content, even in the event the information becomes materially inaccurate. Certain information in the Content may include calculations or figures that have been prepared internally by Ignatious and have not been audited or verified by a third party. Use of different methods for preparing, calculating or presenting information may lead to different results, and such differences may be material. In all cases where historical performance is presented, please note that past performance is not a reliable indicator, nor a guarantee, of future performance.
(c) Availability of Content. We do not guarantee that any Content will be made available on or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all and (ii) to remove or block any Content from the Services.
6. Links to Other Websites. We may include links between the Services and websites operated by third parties. We have not control over any such other websites, nor the products, services, or content made available on such sites. Our including links to any such sites does not constitute approval or endorsement of, or a representation or warranty regarding such sites or any of the operators, products, services or content of such sites. Your access to and use of such sites is subject to and governed by the terms of use and privacy policies of those sites and their operators, and you access those sites at your own risk.
7. Term and Termination. These Terms are effective from the time You first use or access the Services and continues in effect until terminated by Us. Your rights under Section 2 of these Terms will terminate automatically, without need for notice from Us, if You fail to comply with, or if You breach, any term(s) of these Terms.
8. Disclaimers; Limitation of Liability; Sole Recourse.
(a) Disclaimer of Representations and Warranties. YOUR USE OF THE SERVICES AND ANY CONTENT IS AT YOUR OWN RISK. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WE MAKE NO, AND HEREBY EXPRESSLY DISCLAIM ALL, REPRESENTATIONS AND WARRANTIES ABOUT THE OPERATION OF THE SERVICES, CONTENT OR THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER UNAUTHORIZED OR MALICIOUS CODE, AND ANY WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS, FAIR REPRESENTATION OF ANY CONTENT OR ANY INFORMATION THEREIN. FURTHER, WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE DO NOT WARRANT THAT THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, MALICIOUS CODE OR ERRORS, OR UNINTERRUPTED.
(b) Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL IGNATIOUS NOR ITS AFFILIATES, NOR ANY OF ITS OR THEIR THIRD-PARTY PROVIDERS OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES OR LOSSES WHATSOEVER ARISING OUT OF YOUR ACCESS, USE, MISUSE, RELIANCE ON OR INABILITY TO USE THE SERVICES, CONTENT, OR ANY SITES LINKED, FROM OR ACCESSED THROUGH THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IGNATIOUS, ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, OR IN CONNECTION WITH, ANY INTERRUPTION IN AVAILABILITY OF THE SERVICES OR CONTENT, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, LOSS OF DATA, DELETION OF FILES, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER OR NOT CAUSED BY EVENTS BEYOND THEIR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, MATERIALS, OR SERVICES. IF APPLICABLE LAW IN THE STATE IN WHICH YOU LIVE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES, WARRANTIES AND LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
(c) Sole Remedy. IF YOU ARE DISSATISFIED WITH THE SERVICES OR CONTENT, YOUR SOLE REMEDY IS TO STOP USING THE SERVICES AND CONTENT.
9. Indemnification. You agree to defend, indemnify, defend and hold harmless Ignatious, its affiliates, licensors, and its and their respective officers, directors, employees, representatives, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees and expenses (including any incurred in enforcement of this provision), arising from or relating to: (i) your use or misuse of, or access to, the Services or Content; (ii) information provided by you or on your behalf; (iii) any decisions made by you based on any Content; or (iv) your breach of these Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses and providing any and all necessary or reasonable information and access (including to individuals under your control or authority).
10. Governing Law; Dispute Resolution.
(a) Governing Law. The laws in effect in the State of New York shall govern these Terms, without giving effect to its conflicts of law principles
(b) Dispute Resolution.
(i) Negotiation and Arbitration. With respect to any and all disputes arising out of or in connection with the Services or these Terms, the parties agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If the parties do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by confidential binding arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association (“AAA”) in Miami, Florida. Each party explicitly disclaims any applicability of the U.N. Convention on Contracts for the International Sale of Goods to these Terms. All arbitration proceedings will be conducted in English. Such arbitration will have one (1) neutral arbitrator if the amount in controversy is less than one million dollars ($1,000,000) or otherwise before a panel of three (3) neutral arbitrators. Each of the arbitrators must be (i) a lawyer licensed to practice law in the United States with a minimum of fifteen (15) years of legal practice or senior level business experience or a retired judge with a minimum of five (5) years of service on the bench, (ii) an individual with at least five (5) years of experience as an arbitrator, and (iii) on the roster of neutrals of the AAA or similar nationally recognized ADR organization. If the arbitration proceedings shall be conducted before a panel of three neutral arbitrators, the panel shall be selected using the following process: Within fifteen (15) days after the commencement of arbitration, each party shall select one person meeting the specified qualifications to act as neutral arbitrator, and the two thus selected shall select a third neutral arbitrator meeting the specified qualifications within fifteen (15) days of their appointment. The third neutral arbitrator shall act as the chair of the arbitration panel. If the arbitrators selected by the parties are unable to or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA. THE ARBITRATOR’S DETERMINATION SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN A COURT OF COMPETENT JURISDICTION
(ii) Injunctive Relief. Notwithstanding this arbitration provision, you agree that Ignatious may seek emergency, temporary, or preliminary injunctive relief from a competent court of law or equity pending the final ruling of the arbitrator(s), without any requirement to post bond, to prevent irreparable harm arising from any of your unlawful acts or acts or omissions that could harm the Services, or as reasonable or necessary to protect its rights or property pending the completion of arbitration.
(iii) Class Action Waiver. THE ARBITRATION OF DISPUTES RELATING TO THESE TERMS OR THE SERVICES SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SERVICES AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
(iv) Court Proceeding. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN AN ARBITRATION, EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS OR THE SERVICES.
(v) One Year Limit on Claims. EXCEPT TO THE EXTENT SUCH TIME LIMITATION IS PROHIBITED BY APPLICABLE LAW, ANY CLAIM OR DISPUTE ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS BY YOU MUST BE FILED WITHIN ONE YEAR IN AN ARBITRATION PROCEEDING. THE ONE-YEAR PERIOD BEGINS WHEN THE CLAIM OR NOTICE OF DISPUTE FIRST COULD BE FILED. IF A CLAIM OR DISPUTE ISN’T FILED WITHIN ONE YEAR, IT’S PERMANENTLY BARRED.
11. Monitoring.
We expressly reserve the right to monitor any and all use of the Services and Content, but have no obligation to do so, nor to continue to do so at any point. We also reserve the right to investigate and take legal action against any against any illegal and/or unauthorized use of the Services and/or Content.
12. General.
(a) Severability. If any provision of these Terms is held to be void, illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
(b) Headings for Convenience Only. Headings are provided for convenience only, and no interpretation or construction of these Terms shall be derived from or based on headings.
(c) No Waiver. No waiver of by Ignatious of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Ignatious to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
(d) Assignability. These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and/or obligations hereunder without consent.
(e) Notices. Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e- mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to info@ignatious.com.
(f) Entire Agreement. These Terms constitute the entire agreement between you and Ignatious with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.
(g) Survival. Any provisions of these Terms which, by their nature, are intended to survive, shall survive the termination of these Terms regardless of the reason(s) therefor.
13. Contact Us. If You have any questions about these Terms or the Services, please contact Us at +1 (305) 566-8000, or via e-mail at info@ignatious.com.
Last updated: [____________ __, 2022]
Securities are offered through Finalis Securities LLC Member FINRA / SIPC. Ignatious is not a registered broker-dealer, and Finalis Securities LLC and Ignatious are separate, unaffiliated entities.
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